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Waiving The Criminal Prosecution According To The Decision Of The Constitutional Court No. 23/2016

Author

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  • Ion Rusu

    (Danubius University of Galati; Lawyer at Vrancea Bar, Romania)

Abstract

In the present paper we have examined the institution of waiving the criminal prosecution, as provided in the current law, a text which was modified after the publication of the Decision of the Constitutional Court no. 23/2016. We also considered the formulation of critical opinions regarding the possible existence of other elements of unconstitutionality in the text in force. A very important aspect is the notification of the absence in the text, of some provisions that condition the application of the institution on the need to repair the prejudice caused to the victim. The paper can be useful to students and master students of the country's faculties, as well as practitioners in the field. Also, the work can be useful to the legislator for operating some changes in the current content of the text that regulates this institution.

Suggested Citation

  • Ion Rusu, 2019. "Waiving The Criminal Prosecution According To The Decision Of The Constitutional Court No. 23/2016," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 8(2), pages 305-310, December.
    • Handle: RePEc:sja:journl:v:8:y:2019:i:2:p:305-310
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    More about this item

    Keywords

    crime; critical opinions; de lege ferenda proposals; criteria.;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law

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